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Keywords

tortnegligencestatute
motionmotion to dismiss

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Smith v. Gross, 319 Md. 138, 571 A.2d 1219

Facts

Virginia Lee Smith is the natural mother of Roland Randolph Gross, Jr., who was born out of wedlock to her and Roland Randolph Gross, Sr. The child died in an automobile accident shortly after his second birthday, and the mother filed a complaint against the father, alleging negligence. The complaint included a survival action for the child's pain and suffering prior to death and a wrongful death action for the mother's loss. The father moved to dismiss the complaint, claiming the parent-child immunity doctrine barred the actions.

Virginia Lee Smith is the natural mother of Roland Randolph Gross, Jr. The child was sired by Roland Randolph Gross, Sr., and born out of wedlock. The child was killed in an automobile accident a few days after his second birthday.

Issue

Does the parent-child immunity doctrine apply to wrongful death and survival actions brought by a parent against the other parent for the death of their child?

The issue here is whether the defense of parental immunity is an exception to the general rule.

Rule

The parent-child immunity doctrine prevents a child from suing a parent for personal torts, and this immunity extends to wrongful death and survival actions where the child could not have maintained an action against the parent while alive.

The general rule is that defenses which would have been good against the decedent, had the decedent survived, are good against the decedent's personal representatives.

Analysis

The court analyzed the applicability of the parent-child immunity doctrine in the context of the wrongful death and survival statutes. It concluded that since the child could not have sued the father for negligence while alive due to the immunity, the mother, as the personal representative of the child's estate, was also barred from bringing the action. The court emphasized that the rationale for the immunity was to preserve family integrity and prevent disruption in family relationships.

Under the circumstances revealed in the record before us, we hold that the parent-child immunity rule was applicable during the life of the child.

Conclusion

The court affirmed the dismissal of the mother's claims, holding that the parent-child immunity doctrine applied and precluded the wrongful death and survival actions against the father.

The Circuit Court for Dorchester County did not err in granting the father's Motion to Dismiss.

Who won?

Roland Randolph Gross, Sr. prevailed in the case because the court upheld the application of the parent-child immunity doctrine, which barred the mother from proceeding with her claims.

The mother looks primarily to the subsequent death of the child as making the rule inapplicable.

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